Nevada electors vote for Trump. Fake news says they voted for Biden
(mobile.twitter.com)
You're viewing a single comment thread. View all comments, or full comment thread.
Comments (7)
sorted by:
Generally speaking, that's not how delegation of authority works. Legislative delegation occurs by legislative act, recall can only be accomplished, likewise, by legislative act. State and federal government has been pretty protective of delegation for some time now; the last time the Supreme Court invalidated an act based on non-delegation doctrine was in 1935. Regardless, assuming that (1) the state legislature recalled the delegation of authority, and (2) the state legislature then certified in a manner that contradicts the already-existing certification by the SOS, I don't see the Supreme Court upholding the state legislature's certification. Doing so would require effectively applying a state law retrospectively to a constitutionally compliant certification. I don't even think the originalists would get on board with that.
That's good to know